Hin Sejarah Hukum Internasional

Kuliah
Sejarah Hukum Internasional

Prof. Hikmahanto Juwana
Copyright by Hikmahanto Juwana 2005

(c)
Skema paparan Sejarah Hukum

Internasional berdasarkan buku Prof
Mochtar

(c)
History of International Law according to

Carter & Trimble
(pp. 9-10)
The contemporary system of international

relations is built on the assumption that the
nation-state is the primary actor
Modern nation-state is a relatively recent product
of political development in Western Europe
Generally, this is traced to the Renaissance and
Reformation, the expansion of trade in the 15th and
16th centuries, and the European discoveries of the
New World
Intellectually, the doctrine of sovereignty and the idea
of the secular, territorial state are intimately
associated with the creation of the modern system
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Of, course there had been well-organized

political units in Europe before this period.
There were great empires from millennia
in China, Japan, India, Southease Asia,
and the Middle East.
Those empires had relations with other
peoples, and hence there have been
many systems of law that can be seen as
predecessors to modern international law
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Even though most of the more than 150

states today are non-European, the
contemporary system of international law
is based on the European model
developed over the past four centuries

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Starke
The modern system of international law is
a product, roughly speaking, of only the
last four hundred years.
It grew to some extent out of the usages
and practices of modern European states
in their intercourse and communications,

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But any historical account of the system

must begin with earliest times, for even in
the period of antiquity rules of conduct to
regulate the relations between
independent communities were felt
necessary and emerged from the usages
observed by these communities in their
mutual relations
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Treaties, the immunities of ambassadors,

and certain laws and usages of war are to
be found many centuries before the dawn
of Christianity, for example in the ancient
Egypt and India, while there were
historical cases of recourse to arbitration
and mediation in the ancient China and in
the early Islamic world,
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In the period of Romes dominance of the

ancient world, there also emerged rules
governing the relatins between Rome and
the various nations or peoples with which
it had contact
The Roman law provided analogies and
principles capable of ready adaptation to
the regulation of relations between
modern states
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Conditions favourable to the growth of a modern

law of nations did not really come into being until
the 15th century, when in Europe there began to
evolve a number of independent civilised states
At a certain period of Roman history with the
authority of the Roman Empire extending over
the whole civilised world, there were no
independent states in any sense, and therefore
a law of nations was not called for
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10
During the medieval era, there were two matters

particularly which militated against the evolution
of a system of international law:
The temporal and spiritual unity of the greater part of
Europe under the Holy Roman Empire
The feudal structure of Western Europe, hinging on a
hierarchy of authority which not only clogged the
emergence of independent states but also prevented
the Powers of the time acquiring the unitary character
and authority of modern sovereign states
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11
Profound alterations occurred in the 15th and 16th

centuries.
The discovery of the New World, the Renaissance of
learning, and the Reformation as a religious revolution
disrupted the faade of the political and spiritual unity
of Europe, and shook the foundations of medieval
Christendom
Theories were evolved to meet the new conditions;
intellectually, the secular conceptions of a modern
sovereign state and of a modern independent
Sovereign found expression in the workd of Bodin,
Machiavelli and Hobbes
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12
An important fact also was that by 15 th and

16th centuries jurists had begun to take
into account the evolution of a community
of independent sovereign states and o
think and write about different problems of
the law of nations, realising the necessity
for some body of rules to regulate certain
aspects of the relations berween such
states
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13
The history of the law of nations during the

two centuries after Grotius was maked by
the final evolution of moden state-system
in Europe, a process greatly influenced by
the Treaty of Westphalia of 1648 marking
the end of the Thirty Years War, and the
development from usage and practice of
substantional body of new customary rules
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14
In the 19th century international law further

expanded, due to
Further rise of a powerful of a new states both
within and outside Europe
The expansion of European civilisation
overseas
The modernisation of world transport
The greater destructiveness of a modern
warfare
The influence of a new inventions
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15
Scholars of International Law

Among the early writers who made important
contributions to the infant science of the law of
nations were:
Vittoria
Belli
Brunus
Fernando Vasquez de Menchaca
Ayala
Suarez
Gentilis
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16
By general acknowledgement the greatest of the

early writers on international law was the Dutch
scholar, jurist and diplomat, Grotius (15831645), whose systematic treatise on the subject
De Jure Belli ac Pacis (The Law of War and
Peace) first appeared in 1625
On account of this treatise, Grotius has
sometimes been described as the father of the
law of nations
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17
Tugas
Baca dan beri komentar atas Pidato
Pengukuhan Hikmahanto Juwana,
Hukum Internasional dalam Konflik
Kepentingan antara Negara Maju dan
Negara Berkembang.

(c)
18
Referensi
Barry E. Carter and Phillip R. Trimble,
International Law, 3rd ed. (Aspen Law &
Business: New York, 1999)
J.G. Starke, Introduction to International
Law, 9th ed.

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19

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Kuliah

Sejarah Hukum Internasional

Copyright by Hikmahanto Juwana 2005

Skema paparan Sejarah Hukum

Copyright by Hikmahanto Juwana 2005

History of International Law according to

The contemporary system of international

Of, course there had been well-organized

Even though most of the more than 150

Copyright by Hikmahanto Juwana 2005

Copyright by Hikmahanto Juwana 2005

But any historical account of the system

Treaties, the immunities of ambassadors,

In the period of Romes dominance of the

Conditions favourable to the growth of a modern

During the medieval era, there were two matters

Profound alterations occurred in the 15th and 16th

An important fact also was that by 15 th and

The history of the law of nations during the

In the 19th century international law further

Scholars of International Law

By general acknowledgement the greatest of the

Copyright by Hikmahanto Juwana 2005

Copyright by Hikmahanto Juwana 2005

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